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HomeMy WebLinkAbout20030065 Ver 1_COMPLETE FILE_20030122 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com January 21, 2003 DENR-DWQ A 2 ? ? Wetland Group Q WI•i i:i ? ? ? ? ?kl?tlP Attn: Mr. Bob Zarzecki , WRTEF, i,AaiY `ECl!ON 2321 Crabtree Blvd. Suite 205D toy Raleigh, NC 27604 Dear Mr. Zarzecki: tf The purpose of this correspondence is to request a major variance from the Neuse River Basin Maintenance of Riparian Areas rules on behalf of HWB Inc., Mr. David Weil, president. In August of 2002 we met on-site to evaluate the area and have met and/or discussed the project a number of times since then. Our client has agreed to implement all the suggestions we mutually developed regarding redevelopment of part of the site. The project is located due south of the intersection of Hwy 70 and Hwy 581 in Wayne County, just east of Goldsboro, NC (see Figure 1). The site is currently developed and contains numerous metal buildings and impervious parking areas. Figure 2 is an aerial photo of the entire property owned by HWB Inc. and specifies the area where the proposed buffer impact would occur and the proposed on-site buffer mitigation areas. Also enclosed are photos of the "ditch" and adjacent buffer area that is proposed to be impacted. The photos show views from Hwy 70 (Photo 1) and Hwy 581 (Photo 2). As you can see there is very little forest vegetation adjacent to the feature. Figure 3 indicates the existing woody vegetation, grass, and existing impervious area adjacent to the ditch and also has a breakdown of buffer impacts. Even though the vast majority of buffer impacts (0.76 acres out of 0.96 acres) are to grass areas the client proposes to mitigate on- site at the required 3:1 ratio for Zone 1 impacts and 1:5 for Zone 2 impacts by restoring forest vegetation to areas currently occupied by either grass or gravel parking areas (see Figure 4). While we concur that the proposed feature to be impacted "scores" high enough to be classified as a stream by current DWQ criteria, we would like to point out the soils present on-site adjacent to the ditch according to the soils survey are the Craven soils series. Such soils are described by NRCS as moderately well drained upland soils on rounded sides of divides. Therefore, it is unlikely that a natural stream existed in the area. Rather the channel was probably dug historically to drain the poorly drained Rains soils that are present west of Hwy 581. Charlotte Office: Greensboro Office: Hicko Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsville, N 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 35-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 35-5820 Figure 5 shows the proposed redevelopment plan for the site, which indicates an approximate location of a Stormwater wetland for treatment of Stormwater generated at the proposed redeveloped area. Currently there are no redevelopment plans for the remainder of the site. However, since the site lies within Wayne County's jurisdiction, if the balance of the area were redeveloped, compliance with the Neuse River Nutrient Removal Standards will be required. A preliminary Stormwater management plan for the site by S&EC dated 12/20/2002 and the required Extended Wetland Worksheet are also enclosed. The following list demonstrates the need for a variance: Practical difficulties, hardships and uniqueness- Much of the site contains existing impervious surface (1.84 acres out of 2.99 acres) that currently requires no treatment of its Stormwater. 2. Even the grassed area adjacent to the ditch is compacted and allows very little infiltration (behaves like impervious). 3. The ditch bisects the property making major highway road frontage required for such a redevelopment as proposed impossible. 4. The area of the site is zoned "HI" Heavy Industry by Wayne County, the proposed redevelopment is allowed by this zoning. 5. The site was originally developed in the very early 1970's. Why the general purpose of the intent of the rule is preserved and water quality will be better protected if the variance is granted. None of the following will occur if the variance is not issued. DWQ typically requires treatment of Stormwater only for new impervious surface on a site. The proposed plan will treat the entire 2.99 acres on-site and .41 acres of offsite impervious surface. Currently 1.84 acres on-site and .41 acres offsite is untreated. 2. The existing ditches on-site have very little to no woody buffer adjacent to them. If approved 2.45 acres of woody buffer will be restored along the ditches as shown in Figure 2 and Figure 4. These buffers will treat run off from existing impervious surface as well as preserve them into the future. Since there is existing impervious surface adjacent to these ditches the owner is not only restoring a buffer but also giving up the right to continue to use the areas for parking, storage, and driveways. Even after doing all of the above the client will still have to pay into the WRP to meet the nitrogen load removal standards required under the Neuse River Basin- Nutrient Sensitive Waters Management Strategy: Basinwide Stormwater Requirements. Based on preliminary evaluation this could be up to a $9200.00 offset payment. Please call if you have questions or need further information in order to support this request before the EMC. Sincerely, Kevin Martin President OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) NOTE: This form may be photocopied for use as an original. Part 1: General Information 1. Applicant's name (the corporation, individual, etc. who owns the project): HWB, Inc. 2. Print Owner/Signing Official (person legally responsible for the facility and its compliance) Name: David Weil Title: Vice President Street address: 106 E. Walnut Street City, State, Zip: Goldsboro. NC 27533 Telephone: (919)_734-1111 Fax: (919) 734-0877 3. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Rosewood Industrial Park 4. Location of Facility Street address: Intersection of Highway 70W and 581 City, State, Zip: Goldsboro, NC 27530 County: Wayne Latitude/longitude: Lat: 35° 25' 30"/Long: 78° 03' 55" 5. Directions to facility from nearest major intersection (Also attach a map): Site is adjacent to and due south of the intersection of Hwy 70 and 581. West side of Goldsboro. NC. (see Figure 1) 6. Contact person who can answer questions about the facility: Name: David Weil Telephone: (919) 734-1111 Fax: (919) 734-0877 Email: dweila-weilent.com 7. Requested Environmental Management Commission Hearing Date: 2/12/03 Version 1: September 1998 Part 2: Demonstration of Need for a Variance NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management Commission to grant a variance to an affected party when the following conditions apply on a given project: (a) practical difficulties or hardships would result from strict application of the rule: (b) such difficulties or hardships result from conditios which are peculiar to the property involved, and (c) the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. This part of the application is to explain how the project meets criteria (a) and (b). Attach a detailed description (2-3 pages) explaining the following: • The practical difficulties or hardships that would result from strict application of the Rule. • How these difficulties or hardships result from conditions that are unique to the property involved. • Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the riparian area is not feasible on this project. If economic hardship is the major consideration, then include a specific explanation of the economic hardship and the proportion of the hardship to the entire value of the project. Part 3: Water Quality Protection NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and i intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. 1. Briefly summarize how water quality will be protected on this project. Also attach a detailed narrative (1-2 pages) describing the nonstructural and structural measures that will be used for protecting water quality and reducing nitrogen inputs to surface water. Please see attached 12/20/02 S&EC, PA Conceptual Stormwater Study for the project. 2. What is the total project area in acres? 3.4 acres 3. Which of the following permits/approvals will be required for this project? CAMA Major X Sediment/Erosion Control X 401 Certification/404 Permit Variance Request Form, page 2 Version 1: September 1998 Part 3: Water Quality Protection, continued 4. Complete the following information for each drainage basin. If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Project Information Drainage Basin 1 Drainage Basin 2 Receiving stream name unnamed tributary of Little River Receiving stream class' WS IV Drainage basin area (total) 4.5 acres Existing impervious area3 (total) 1.84 acres Proposed impervious area3 (total) 3.4 acres Impervious area3 (on-site) 73.1% Impervious area3 (total) 75.6% Impervious area3 Drainage basin 1 Drainage basin 2 On-site buildings 0.43 acres On-site streets -- On-site parking 2.20 acres On-site sidewalks 0.36 acres Other on-site --- Total on-site 2.99 acres Off-site 0.41 acres Total 3.40 acres ' The intemet site for this information is http?/h2o.enr.state.nc.us/strmclass/alpha/neu.html 2 Total means on-site plus off-site area that drains through the project. 3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas, sidewalks, gravel areas, etc. 5. How was the off-site impervious area listed above derived? Street surface areas from Highways 70 and 581 6. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs ( Stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural Stormwater BMPs. Drainage basin Size of drainage basin ac Post-development nitrogen loading rate without BMPs° Ibs/ac/ r BMP nitrogen removal eff ciencl % Final nitrogen loading rate (Ibs/ac/yr) Final nitrogen loading from drainage basin Ibs 1 4.5 acres 16.31 Ibs/ac/yr 40% 9.79 lbs/ac/yr 9.79 lbs/ac/ r 2 3 4 5 Totals ------ ------ -- ?._ 4 Attach calculations and references. 5 Attach calculations and references. Variance Request Form, page 3 Version 1: September 1998 Part 3: Water Quality Protection, continued 7. The applicable supplemental form(s) listed below must be attached for each BMP specified: Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-109 Innovative BMPs Supplement Part 4: Submittal Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Item Initials ../._, . Original and two copies of the Variance Request Form and the attachments listed below. _ • A vicinity map of the project (see Part 1, Item 5) ................... . Narrative demonstration of the need for a variance (see Part 2) A detailed narrative description of stormwater treatment/management (see Part 3, Item 1) - -- • Calculations supporting nitrogen loading estimates (see Part 3, Item 6) • Calculations and references supporting nitrogen removal from proposed BMPs (see Part 3, Item 6) ---- -- . Location and details for all proposed structural stormwater BMPs (see Part 3, Item 6) ............ -- --- . Three copies of the applicable Supplement Form(s) for each BMP and/or narrative for each innovative BMP (see Part 3, Item 7) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 100' or 1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor ......... _..._...._..._......._....._._. elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures - - ...... ............... _..-........ 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff -- calculations - - 0 Drainage basins delineated - -- -- 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 4 Version 1: September 1998 Jan 16 03 04:02p David Weil 919 734-0877 p.2 Part 5: Deed Restrictions By your signature in Part 7 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the state, and that the easements will be recorded prior to the sale of any lot. Part 6: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Kgtyin_,kart_i8. S& P?, Mailing address: l l o i o Ba xeu 8a?_ ._" City, Stale, Zip; Telephone: 9194??Q Fax: 919-86-94b7 Email: ksartinfsandec,com Part 7: Applicant's Certification I. ??tg. _ ,,_peY? d h?.eiI -- " _Zr..Aidanx_ _ (print or type name of person Ilsted In Part I, Item 2), certify that the information included on this permit application form is correal, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Vice President Varlence Request Fo?m, page 5 Version 1: September 1998 DWQ Project No. DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION WETLAND WORKSHEET 1. PROJECT INFQRMATIO (plgase completeihe following information): 1?1 '1? ( '(0 1 ' ??? Y1 H ? Project Name: YIN . v L Contact Person: A r i cll. 14, Sm i-A a ;? Phone Number: (011 DI) b - .1I1) For projects with multiple basins, specify which basin this worksheet applies to: A/4 1'Pr?Y ?'S Permanent Pool Elevation - ft. (elevation of the orifice invert out) ZJ tad Aosi,hn) Temporary Pool Elevation 1 - ft. (elevation of the outlet structure invert in)(GMA1 DbfSh ) Permanent Pool Surface Area IN `? 67 _ sq. ft. (water surface area at permanent pool elevation) 1'0,15'4102) Drainage Area L1, -15 ac. (on-site and off-site drainage to the basin) - Impervious Area b S f A F `? ac. (on-site and off-site drainage to the basin) o L au YO t l 15% ft t t l l ti i 9'88 (0 ore ay ur ace rea ma y . (a permanen poo e eva on approx e ) sq. , arsh " ' Surface Area M sq. ft.'VAat permanent pool elevation approximately-35%) (o, / / aars ,,?? 7 -ri'SSlmh 9" 18" Swf ee Area -- sq. ft. ) ` ( Micro Pool Surface Area 9 sq. ft. (at permanent pool elevation approximately 15%) D / D 2 ktlrS 1 Temporary Pool Volume /2-, 57$ cu. ft. (volume detained on top of the permanent pool) (p, 2I/ ot._&) SA/DA used 11 to (surface area to drainage area r tio) Disk Diameter of Orifice in. (draw down orifice diameter) es.' t J ;n Alm I or2r, II. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. I fa requirement has not been met, attach an explanation of why. ADDlicants Initials n/? The temporary pool controls runoff from the 1 inch rain. The basin side slopes are no steeper than 3:1. A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. An emergency drain is provided to drain the basin. The temporary pool draws down in 2 to 5 days. ?? F a Sediment storage is provided in the permanent pool. A sediment disposal area is provided. l v ?" Access is provided for maintenance. \~ s A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site speeifie, signed ftad neterized eperefieft and w&imenmtee agreement is preNided (see Va , 4 (ft 4? /e j) 1A A fl II //__ beer, J% Lvn,m\z l a s -TG, is Pl, N A nrelim,lIAvq n ()A +u v4 . fArc..?,???n 5 /?J , o??i ?,r,,?,t / c% 5! 7n to 17'o. t V,JJ re ?kiyej Ja-/i /S A- VA, /rb).L el"J CGS ol1a.?/?? December 20, 2002 S&EC Project No. 7325 Mr. David Weil Weil Enterprises P.O. Box 2063 Goldsboro, NC 27533 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Re: Highway 581 and Highway 70 Property Preliminary Stormwater Study Wayne County, North Carolina Dear Mr. Weil: As requested, Soil & Environmental Consultants, PA, (S&EC) has completed a preliminary stormwater study for part of the referenced property in Wayne County, NC. As part of the permitting process you will be required to treat stormwater runoff associated with this development in addition to treating or bypassing existing stormwater runoff which currently drains to the site. We discussed the project site with Mr. Bob Zarzecki of the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ), on August 20, 2002. Based on this discussion it is our understanding that the design and construction of an extended detention wetland (or stormwater wetland) will be required for treatment of stormwater on the property as part of the variance process and to comply with the Neuse Basin Nutrient Removal Strategy. The purpose of this study was to determine the approximate size (or footprint) of an extended detention wetland required to treat stormwater from the site. This wetland would serve to treat site stormwater through the removal of Total Suspended Solids (TSS) in accordance with the North Carolina Best Management Practices (BMP) Manual. The wetland would also serve to treat stormwater for Total Nitrogen (TN) reduction in accordance with the Neuse River Basin: Model Stormwater Program for Nitrogen Control. This letter report presents our assumptions on future site conditions, preliminary feature sizing rationale, and briefly describes potential stormwater features. Permitting issues associated with Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 Mr. David Weil Page 2 December 20, 2002 any jurisdictional stream and/or wetland impacts have been addressed under a separate correspondence. The permit from the U.S. Army Corps of Engineers (USAGE) will be requested in January 2003. However, the required 401 Water Quality Certification from DWQ cannot be requested until after a variance from the Neuse River Buffer rules is granted by the Environmental Management Commission (EMC). We anticipate being heard in the February 2003 EMC meeting and will submit the 401 application as soon as a variance is approved. For the purpose of this letter the terms "extended detention stormwater wetland," "stormwater wetland," and "constructed wetland," are to be used interchangeably and all refer to an extended detention stormwater wetland as described in the Stormwater BMP manual. Authorization Engineering services for a Preliminary Stormwater Study for the referenced parcel were authorized by acceptance of Soil & Environmental Consultants, PA, Project Request Form, Project No. 7325, on November 21, 2002, by Mr. David Weil of Weil Enterprises. Project Description and Location The proposed development site is located northwest of the City of Goldsboro, immediately southeast of the Highway 581 / Highway 70 interchange in Wayne County, NC. See Figure 1. According to Preliminary Plans prepared by Alvolis Engineering, PA, of New Bern, NC, the subject tract consists of approximately 3.4 acres of primarily developed property. We understand from you (the client) that a combined Bojangles Restaurant & Fuel Warehouse is proposed for construction on the site. The proposed development is projected to impact approximately 370 linear feet of existing channelized stream which generally flows west to east across the site. In order to meet the requirements of the North Carolina Division of Water Quality 401 Permit certification (associated with the proposed stream impacts), you are required to complete a Stormwater Plan to treat stormwater discharge from the site. Whenever possible it is your intention to intercept and divert off-site stormwater prior to arrival on site. However, undiverted off-site drainage from the adjoining property as well as on-site drainage will require treatment or diversion in accordance with the requirements of the North Carolina Department of Environment and Natural Resources, Division of Water Quality. Extended Detention Wetland Performance and Regulatory Stormwater Treatment Standards Treatment of stormwater runoff is required in accordance with the North Carolina Stormwater Management rules. The North Carolina Department of Environment and Natural Resources 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 3 December 20, 2002 (NCDENR), Division of Water Quality (DWQ), Best Management Practices (BMP) manual outlines design requirements necessary to meet the pollutant removal design standard of 85 percent removal of Total Suspended Solids (TSS). Based on the BMP manual, an extended detention wetland is assumed to have a TSS removal efficiency of 85 percent. A detention time of two to five days is required to meet this level of efficiency. Typically, a small embankment (or dam) and outlet device are used to detain stormwater runoff for sedimentation of suspended particles and biological treatment of pollutants. Based on the project location within the Neuse River Basin, the parcel must also be evaluated for its contribution of Total Nitrogen (TN) being delivered to the receiving watercourse (an unnamed tributary of the Little River). Constructed properly, extended detention wetlands also contribute significantly to the removal of TN. According to the Neuse River Basin: Model Stormwater Program for Nitrogen Control, dated August 30, 1999, extended detention wetlands are currently considered to remove 40 percent of the TN from stormwater inflow. Stormwater wetlands, incidentally, are cited as having the highest TN removal rates of any of the commonly accepted stormwater BMP's currently in use. As described in the cited program literature, for commercial and residential development, the rules require that nitrogen export of 3.6 pounds per acre per year (lbs/ac/yr) or less be achieved. In the case where proposed commercial development results in TN export rates less than 10.0 lbs/ac/yr, then the owner may either; 1) Install BMPs to remove enough nitrogen to bring the development down to 3.6 lbs/ac/yr, or 2) Pay a one-time offset payment (to the NC Wetlands Restoration Program, WRP) of $330/lb to bring the nitrogen down to 3.6 lbs/ac/yr, or 3) Do a combination of BMPs and offset payment to achieve the 3.6 lbs/ac/yr export. If a particular development has a computed export rate greater than 10.0 lbs/ac/yr, then the owner must use on-site BMPs to bring the development's export down to 10.0 lbs/ac/yr. Then, the owner may use one of the three options described above to achieve the nitrogen reduction between 10.0 lbs/ac/yr and 3.6 lbs/ac/yr. Based on our discussion with the Division of Water Quality, we understand that once treated for TSS and TN removal, stormwater from an extended detention wetland can be discharged directly into the receiving watercourse. It is our understanding that based on the project location, all proposed stormwater treatment devices must be reviewed and approved by the engineering staff at DWQ. 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 4 December 20, 2002 Proposed Site Development and Drainage Systems For the purpose of stormwater feature sizing we assumed that limited off-site stormwater (that from the highways to the north) would require treatment, and thus approximately 4.5 acres of drainage area would require treatment in the extended detention wetland. Drainage currently entering the site from the west and south will be passed through the site by piping and/or relocating the existing channelized stream that bisects the front (northern) part of the tract. Since we are unaware of the grading details of the proposed development we have only evaluated site stormwater for the conditions depicted on the plan provided. We have assumed that future grading would direct stormwater in a generally southward direction away from the aforementioned highway intersection. In order to meet the regulatory treatment requirements, all on-site storm drainage must be designed to drain to a sediment forebay of the extended detention wetland. , Site Constraints on Stormwater Treatment Site constraints included the proposed development, property lines, the highways and associated right-of-ways, existing buildings on adjoining properties, and any surface or subsurface conduits used to transport discharges from the existing (to be impacted) intermittent stream. In large part, these site constraints limit the areas available for stormwater treatment. Future stormwater planning to included grading, pipe network layout, and outfall locations should all be carefully considered for compatibility with potential locations selected for the construction of an extended detention wetland. Construction access to the site, as well as permanent maintenance access to the required sediment forebay (for sediment removal and disposal) should also be considered during site planning and layout. Additionally, erosion and sediment control plans, including both temporary and permanent structures should be planned accordingly so as not to interfere with wetland construction. It may be possible to use some part of the area slated for the stormwater wetland as part of the sediment treatment system during site construction, thus potentially reducing overall construction costs. The engineering firm responsible for this aspect of the project will need to be instructed to closely coordinate their work with S&EC to ensure compliance with the requirements of the variance and wetland permits. Wetland Surface Area and Footprint The stormwater wetland footprint was estimated based on the required surface area (forebay, planted wetland, and outlet micropool) as well as a temporary storage volume sufficient to handle 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 5 December 20, 2002 the runoff from the first one inch of rainfall from the contributing drainage area. The shape of the wetland footprint may be adjusted to work within the property boundary limitation provided by the property boundaries and other site constraints. Based on a review of the proposed site plan, drainage area delineation estimate approximately 4.5 acres will contribute runoff requiring treatment. Of this area, 3.4 acres (building and parking footprints only) was considered to be 100 percent impervious resulting in an impervious percentage of approximately 76 percent (rounded to 80 percent for design purposes). A permanent pool depth of three feet was selected for these analyses as prescribed in the design guidance. This resulted in a design Surface Area to Drainage Area (SA/DA) ratio of 3.36. Using methods described in the BMP manual, the constructed wetland was sized with a minimum wetland surface area of 6,587 square feet (ft.2) or approximately 0.15 acres. A temporary water quality pool is also required to provide storage volume sufficient to handle the runoff associated with the first one inch of rainfall which falls on the contributing drainage area. Using the "Simple Method" described in the BMP manual we estimated a required volume of approximately 0.29 acre-feet (12,578 ft.). Considering a wetland surface area of 0.15 acres, we find a resultant temporary pool depth of approximately 2 feet is needed. According to the BMP manual, a forebay established by a weir must be included to encourage early settling of larger particles before they enter the wetland area. The forebay surface area is typically required to be approximately 15 percent of the overall wetland surface area footprint. The sediment forebay should be constructed to accept discharge from the proposed piped (or otherwise conveyed) stormwater from the site. The number and location of the concentrated stormwater inlets from the site will depend on the proposed development grading and storm drain design. Typically approximately 70 percent of the footprint is finely graded to an elevation of zero to six inches above Normal Pool elevation. The remaining 15 percent of the footprint is maintained as open water in the form of micropools and open channels including a small pool at the wetland outlet. Without refined site topographic data it is unclear if an earthen fill embankment may be required to form the perimeter (or a portion of the perimeter) of the constructed stormwater wetland. Whether the wetland is formed by excavation, embankment construction, or a combination of the two specific grading is necessary. It is typically desired to grade the slopes of the temporary water quality pool not steeper than 6H:1 V for safety purposes and to provide additional area for plant material. Typically slopes not steeper than 3H:1 V should be used on both the inside (upstream) and outside (downstream) slopes of the wetland and its embankment, starting at top of the temporary water quality pool. The crest with for the embankment should be at least 10 feet to allow for ease of construction and future maintenance. Based on available topographic 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 6 December 20, 2002 mapping, elevation change are slight, accordingly the volume of fill material necessary for construction of an embankment is not expected to be significant. Nitrogen Export Rate Calculations We estimated Nitrogen Export rates associated with the proposed development using methods outlined in the Neuse River Basin: Model Stormwater Program for Nitrogen Control guidelines. For the purposes of our initial estimates we assumed that 3.4 acres would be developed as described above. We also assumed that the remaining 1.1 acres would be Permanently Protected Managed Open Space (grass, landscaping, etc.). This category, along with Impervious Surface (roads, parking lots, roofs, etc.) are defined in the literature for use in calculations of TN. The resulting TN export from development was calculated at approximately 73.4 lbs/yr, with a nitrogen export coefficient of 16.31 lbs/ac/yr. Since the export coefficient is greater than 10 lbs/ac/yr a BMP must be used to reduce the coefficient below the 10 lbs/ac/yr threshold. The proposed BMP (extended detention wetland) can be assumed to reduce TN by 40 percent to 9.79 lbs/ac/yr. At this point additional BMPs, an offset payment, or a combination of the two would be required to meet the 3.6 lbs/ac/yr standard. If the offset payment is proposed as the only option, then we estimate the offset payment at 6.19 lbs/ac/yr (9.79 -3.60) times 4.5 acres times $330/lbs or approximately $9,200. Conclusions and Recommendations For planning purposes we are providing the following conclusions and recommendations: The overall basin size at the toe of the perimeter slope can be estimated at approximately 2 to 3 times the surface area of the permanent stormwater wetland pool depending on site conditions. Accordingly, we recommend that a useable area of 0.3 to 0.45 acres be reserved for construction of the extended detention wetland. The attached site plan shows possible locations of the stormwater wetland. Please advise us of your preferred location. 2. It should be remembered that the stormwater wetland footprint may vary significantly depending on local topography, and as such, close consideration should be given to the selection of wetland location and orientation. Property boundary stand-off requirements should be confirmed. We understand that no site soils evaluation has been performed to date. The design and construction of select stormwater treatment devices (to include stormwater wetlands) can be complicated or unsuitable depending on the results of such an evaluation. We recommend that we be allowed to review the selected stormwater wetland location for 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 7 December 20, 2002 suitability and to ascertain that the reserved area is adequate for the stormwater wetland and its appurtenances are compatible with the results of our site soils evaluation. 4. As described in our project scope, Soil & Environmental Consultants, PA, will design the components of the stormwater wetland, to include the primary spillway structure and its components, the emergency spillway, inlet and outlet protection, and wetland plantings. However, we recommend that such design services be delay until such time that a variance is granted by the EMC. 5. All on-site storm drainage from areas to be treated should be designed to drain through gravity means to the sediment forebay of this constructed wetland. All other drainage from off-site areas, should be diverted around the site and away from the wetland forebay if possible. 6. All of the site constraints previously listed should be confirmed prior to final design of a stormwater wetland (or other stormwater or development features) to ensure no conflicts exist. This will require that the engineer responsible for the site planning and local permitting coordinate with S&EC. Other Considerations Coordination of other design professionals' work is required to make this or any stormwater system function as intended. Design and construction of other site features (ie. facilities expansion, road network, etc.) should consider the possibility that changes to Construction Plans and Technical Specifications may become necessary after regulatory review comments are received on any stormwater plan. Because we are unaware of the exact details of proposed development depicted on the current development plans we have only performed a limited site stormwater evaluation. This evaluation only considered the site conditions depicted on the drawings provided. Accordingly any changes to this depiction are likely to impact our evaluation and recommendations of potential site stormwater features. Consideration should also be given to the use of other stormwater features such as bioretention areas and infiltration devices. While these alternative treatment devices may not be suitable for treatment of all site stormwater requirements, they are effective in TSS and TN removal (and potential offset payment reductions). Additionally, these alternatives can potentially reduce the space required, construction effort, and associated costs required for more conventional treatment devices. These devices also provide improvements to the proposed development site in the form of vegetated parking lot islands and other landscaped buffers which are not only functional for stormwater treatment but aesthetically appealing as well. 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 Mr. David Weil Page 8 December 20, 2002 Limitations It should be remembered that this report is preliminary and that our evaluations, conclusions, and recommendations are based on project and site information available to us at the time of this letter report. Recommendations presented in this letter may require modification if there are any changes in the project or site conditions, or if additional data about the project or site becomes available in the future. Additionally, decisions regarding any outstanding permit issues or policies issued by governing regulatory agencies are beyond our control, and as such modifications to our evaluation, conclusions, and/or recommendations may be necessary. If you have any questions concerning this submittal, or if we may be of further service, please do not hesitate to call us. We appreciate the opportunity to work with you. Sincerely, yy SOIL & ENVIROt ?FF,SS 4 SEAL Patrick K. Sm' I P. . 0296 N.C. License No'.2 ._ Attachments: Fi ?NSULTANTS,PA Asa Figure 2, Proposed Site Plan Appendix A - Preliminary Stormwater Calculations 11010 Raven Ridge Road (919) 846-5900 Raleigh, North Carolina 27614 Fax (919) 846-9467 7 95 T, is n 1 t t \ 70 591 STAA r ? ?tS ... k 1 t • I k i? r CHERRY "AND ,l _ ????? 'tea ak 19 I ? ? Tb 717. C J Source: North CoroG„o Altos k Co2elleer sa. ,.1c ..eev .s ? o4e r l i PRELMOA11RY STORMWATER STUDY KO-OY 581 # Kghwoy 70 Site V;Cwt Mo Wea Enterprises Soil A Environmental Consultants. PA Y P WAYNE COPM. NORM CARMOM ikc- " 2002 V. .'. . a •?l e MA w?ru STUDY RY Mpwad Wl s ?Il?wor 70 Ske n; PREU P. SRO al L "WA W fir. OWK omm so !say Comer IMN?w DIY Yd. yMY =1?sMM . A04D sco il a?Pa 1.5?? X l.S'? tcPrdsev??5 aPPta,c„?no,?-e??1 cno acas. Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com JOB NAM SUBJECT JOB NO. / 3ZS SHEET OF DATE /2/18/07- I , -------------- -------- --- - ---- , , , • ? ? ? ---?.1?i??lti?,_1?71n.tw?-G-Irk--- - -'-`1-?--''?-?-:----- ... -- -- - - --1-?•-?.-fit ?F- -??f? ?aF"??v.,? ?W`L???,:±;? - -- --- _----- . ?1 i... > + ---- . 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F: --- I -- -.:- - -"- - - ----------- s k yc ------------------------------ --------- " - . 4-6 !„f? a ?,ci + or rah..,... ----- ; - ---- ----- -- ---- --- •h- , ------------ --------- - --------- ------ ---- . . -------- ------ --------- ---- ---- ------- -- - ------ ?-?-?!---?----rr_(?'_?,? -- ? -fit----- -t•_tJe?1n?,.?_.t._---?- ??? . - F- f i t -1 -1 •-F I I I I i f ---- - ----------- . . , ---------------------- ----- ---- ----- , . , . 1 t' ------------------------ ------ . . t. , . , ---------- ----- ----- L_ ' ?vt?k?r?Ji.; WK T'".9 ------ I i i 1 1 -- ?- - ;_.... Y Nitrogen Export Rate Calculations: ?a 11') it I OZ Method 2 Quantifying TN Export from Residential / Industrial / Commercial Developments when Footprint of all Impervious Surfaces are Shown Calculation Steps: Step 1 Determine area for each type of land use and enter in in Column (2). Step 2 Total the areas for each type of land use and enter at the bottom of Column (2). Step 3 Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4). Step 4 Total the TN exports for each type of land use and enter at the bottom of Column (4). Step 5 Determine the export coefficient by dividing the total TN export from uses at the bottom of Column (4) by the total area at the bottom of Column (2). Column # (1) (2) (3) (4) Type of Area TN Export TN Export Land Cover (acres) Coeff. from Use IbsJac./ r. IbsJ r. Peranently Protected Undisturbed 0100 0.60 0.00 Open Space (forest, unmown meadow) Permanently Protected Managed 1.10 1.20 1.32 Open Space (grass, landscaping, etc.) Impervious Surfaces (roads, parking, 3.40 21.20 72.08 lots, driveways, roofs, paved storage areas, etc.) TOTAL 4.50 73.40 Total Nitrogen Export Coefficient = . -1,J431 NOTE: If TN export rate is greater than 10.0 IbsJacJyr. then a BMP must be installed to remove enough Nitrogen to bring the TN export rate below 3.6 IbsJacJyr. ytioo? ?o q# Photo 1 - View from Hwy. 70 A *VA hll l??i , I >4md v i . r- a awh' ,. Nh f A ? ? ?:? .r .. # • " ? -, R' J^ .. ., .¢ "? P_ry IiA " ? IRVi`A i ,I ? ? i •.?. ? ?`'A."? Ji • ?` ?L? 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Walnut Street Goldsboro, NC 27533 Subject Property: Rosewood Industrial Park, Hwy 70 and 581, Goldsboro, NC UT to Little River [03-04-06, 27-57-(20.2), WS-IV NSW] DWQ Project No. 03-0065 County: Wayne Page 1 of 2 APPROVAL of 401 Water Quality Certification and Major Variance Approval per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS Dear Mr. Weil: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 570 feet of stream and 41,839 square feet (ft) of protected riparian buffers for the purpose of redeveloping the existing commercial site into a gas station / convenience store and fast food restaurant, as described Within your Major Variance Request presented to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on February 12, 2003 and the Pre-construction Notification Application (PCN) dated March 3, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3362 (GC3362). The Certification(s) allows you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USAGE). This letter shall, also, act as your Major Variance approval as decided by the WQC on February 12, 2003 and described within 15A NCAC 2B.0233(9)(c). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and Neuse Stormwater regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in GC3362. This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN Application. If you change your project, you must notify us and you may be required to send us a new application and request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of this Certification and approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in GC3362 and any other conditions listed below. Conditions: 1. Stormwater Management A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification and Major Variance Approval occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. The stormwater management plan must include the extended detention wetland to remove nitrogen as required by the WQC. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality (DWQ). Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands Page 2 of 2 2. Buffer Mitigation You are required to provide 2.45 acres of buffer mitigation as required by the WQC and proposed within your Major Variance Request and PCN application. A final, written buffer mitigation plan shall be approved in writing by this Office before the impacts specified in this Certification and Major Variance Approval occur. The buffer mitigation plan must include plans and specifications according to 15A NCAC 02B .0242(9). 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3362. If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your variance request. You must send us a request for this review in writing within 60 days of the date that you receive this letter. If you do not accept any of the conditions of their review or if you do not accept any of the conditions of this Certification, then you may ask for an adjudicatory hearing. You must request this hearing within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This Certification and Major Variance Approval and their conditions are final and binding unless you ask for a hearing. - This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, f r?. Klime , P.E., D Q, Director Attachments: Certificate of Completion GC 3362 Cc: Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 Scott Jones, USACE Washington Regulatory Field Office Tom Steffens, DWQ Washington Regional Office File Copy Central Files DWQ # 03-0065 Date: March 7, 2003 bz Kevin & Patrick - HWB Goldsboro Subject: Kevin & Patrick - HWB Goldsboro Date: Wed, 12 Feb 2003 15:58:33 -0500 From: Bob Zarzecki <bob.zarzecki @ncmail.net> Organization: Division of Water Quality; 401 Certification Unit To: Info Ca) sandec.com Kevin & Patrick (RE: HWB, Inc. Goldsboro): Today's variance went well. Several WQC members and Coleen wanted me to let you know that they appreciated such a complete application package. I told Coleen that it helps when your working with a good consultant and someone who knows what we're looking for. Patrick: It may be a good idea to use this one as an example for Novo Nordisk (when & if they decide to proceed w/ a variance). Kevin: I need to know if the USACE took jurisdication on the modified stream/ditch. If so, then I would like to issue the WQC decision along with the 401 approval. We'll need a PCN for the 401. If not, then let me know and I'll send out the decision letter this week. Thanks. - Bob Bob Zarzecki NC DENR/DWQ 401 Wetlands Certification Unit 919-733-9726 1 of 1 2/12/03 3:59 PM 02/04/03 EMC WATER QUALITY COMMITTEE MEETING February 12, 2003 Archdale Building - Ground Floor Hearing Room 11:00 A.M.** - 2:00 pm **earlier than usual start time Executive Order No. 1 mandates that the Chair inquires as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of conflict, please so state at this time. 11:00 AM - Opening Comments Chairman Peterson *Asterisk indicates consensus item; staff are available if there are any questions, but no presentation is planned. *1. Request for Approval of Lincoln County's Revised Water Supply Watershed Protection Ordinance in Compliance with the Water Supply Watershed Protection Rules - (Consensus Action Item) (Steve Zoufaly) Local Government Assistance Unit staff worked with Lincoln County to revise their Water Supply Watershed Protection ordinance. Minor corrections were needed to bring it into compliance with State rules. Lincoln County submitted a revised ordinance that meets or exceeds the State's minimum requirements. Staff recommends that the Water Quality Committee approve the proposed ordinance (see attachment). *2. Request Permission to Send the Draft Broad River Basinwide Water Quality Plan to the EMC - (Consensus Action Item) (Cam McNutt) DWQ staff will request permission from the Committee to take the draft Broad River Basinwide Water Quality Plan to the EMC the following day. Copies of the revised plans were sent to the Committee as part of the EMC package. The plan may also be viewed online at http://h2o.enr.state.nc.us/basinwide/. A summary of the public comments and DWQ responses is attached (see attachment). Consideration of a Request for a Maior Variance from the Neuse River Riparian Area Protection ? Rule - (Action Item) (Bob Zarzecki) n? A request has been received for the WQC to grant a variance from the Neuse River riparian area protection rule (15A NCAC 213 .0233) for the HWB, Inc. "Rosewood Industrial Park" project in Goldsboro, Wayne County, NC. The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. The applicant, HWB, Inc., is proposing to impact buffers along a modified stream to redevelop an existing commercial property. The unnamed stream is a tributary to the Little River (classified as "WS-IV NSW"). Stormwater management and buffer restoration on an adjacent property are proposed to mitigate the impacts. DWQ staff recommends that the Major Variance be approved (see attachment). Page 1 02/04/03 py Recommendations to Modify the Maior Variance Request Procedures - (Action Item) (Bob ?t Zarzecki) In December 2002, the WQC approved a modification to a major variance that was initially approved by the full EMC in May of 1999. The Committee stipulated that staff has the authority to approve future modifications to the variance if certain conditions are met. In addition, the Committee instructed staff to present draft conditions that if met will allow staff to approve modifications to all previously approved major variances. Staff will present these conditions to the Committee for approval (see attachment). 5. Request to Proceed to EMC for Approval of Tar-Pamlico Model Local Stormwater Program - (Action) (Rich Gannon) As part of the Tar-Pamlico Nutrient Sensitive Waters strategy, the Tar-Pamlico stormwater rule requires the Commission to approve a model local Stormwater program that DWQ staff has developed in cooperation with subject local governments. Following this approval, using the model as guidance, those jurisdictions are to design their programs over the ensuing year for submittal to the Commission. Since February 2002, staff has met regularly with the affected local governments and others to develop this model, which builds on a similar product created for the Neuse basin. The group, with contracted facilitation and technical support, addressed unique rule elements and improved on Neuse methods. Staff will offer the consensus recommendation of the stakeholder group that the Committee endorse the Tar-Pamlico model program to the full Commission the next day for approval. Please note that the full report and model document are not included within the WQC package, but are included only in the full EMC package. Also, appendices to the model are not provided due to their size. The appendices can be viewed or downloaded from the Tar-Pamlico web page at http://h2o.enr.state.nc.us/nps/tarpam.htm 6. Request to Proceed to EMC for Approval of Full Tar-Pamlico Agricultural Accounting Method - (Action) (Rich Gannon) In October 2002, as part of the Tar-Pamlico Nutrient Sensitive Waters strategy, the Commission approved a cropland nitrogen accounting method for the Tar-Pamlico agriculture rule, which was effective September 1; 2001. Session Law S.L. 2001-355, a product of legislative review of the rule, requires that the EMC approve a combined accounting method that incorporates accounting for pasture- based operations. Staff worked with the Basin Oversight Committee (BOC), experts from North Carolina State University, and pasture representatives to develop a combined accounting process, and will present the BOC's recommendation to approve this method. The method will be used by Local Advisory Committees and the BOC to develop annual estimates of progress for each county and the basin as a whole toward the 30% nitrogen reduction goal of the rule. Staff will also provide an update on efforts to achieve full farmer registration under the rule. Staff requests that the Committee agree to recommend approval the next day before the full Commission of the combined accounting tool to meet the accounting requirements of S.L. 2001-355 and the Tar-Pamlico agriculture rule, 15A NCAC 2B .0256. Please note that the full report is not included within the WQC package, but will be sent under separate cover. 7. Request Approval to Send the Proposed Permanent Rule Text for Phase II NPDES Stormwater to the full EMC for Public Hearing - (Action Item) (Bradley Bennett) In July 2002 the EMC and DWQ held five public hearings to gather public input on draft NPDES Phase 2 Stormwater Rules. These hearings were held in Asheville, Kernersville, Smithfield, Washington and Wilmington. Following these hearings, the Hearing Officers and Division Staff developed temporary rules that were approved by the EMC at its October 2002 meeting and subsequent drafts were considered by the WQC in December 2002. DWQ Staff will present the Hearing Officers proposed permanent NPDES Phase 2 Stormwater Rules and request permission to proceed to the full Page 2 02/04/03 EMC the next day for permission to publish the Notice of Text and proceed to public hearing with the proposed rules (see attachment). 8. Request Approval to Send the Proposed Permanent Rule Text for Catawba Buffer Rules to the full EMC for Public Hearing & Recommendation for the EMC to Waive the 30-day Rule - (Action Item) (Alan Clark) Temporary buffer rules were adopted by the Commission in May 2001 and became effective on July w U ? j > 1, 2001. The rules protected 50-foot wide buffers along the shorelines of the free-flowing portions of (?v ?y the Catawba River mainstem below Lake James and along the mainstem lake shorelines from the I?%;' k headwaters of Lake James to the North Carolina-South Carolina state line in Lake Wylie. Subsequently, ?V?sy the General Assembly passed legislation (HB 189) extending the effective life of the temporary rules AA n until September 1, 2003. The EMC has requested staff prepare permanent buffer rules, based on the ty J ,y temporary rules, and present them for the EMC to approval sending them to public hearings with the : ??" )3} intent to adopt the existing temporary rules as permanent prior to the September 1, 2003 expiration date. Staff's presentation will include a summary of the fiscal analysis of the rules, benefits and limitations, staff resource needs, public sentiment, and possible tie-ins with other proposed rules. The Committee ' h) will decide whether to approve sending the rules to the full EMC the next day for their approval to send them to public hearings. If yes, then a recommendation for the EMC to waive the 30-day rule will also, W be requested (see attachment). 9. Updates on Recent Actions of US Army Corps of Engineers and US Environmental Protection Agency Regarding Isolated Wetlands and Waters and NC Court of Appeals Recent Decision ?i' Regarding Wetlands - (Information Item) (John Dorney) f `X/ On January 15, 2003, the US Army Corps of Engineers and US Environmental Protection Agency published a Guidance Memorandum concerning how their agencies are to implement the US Supreme Court's 2001 decision regarding isolated wetlands and other isolated waters (the "SWANCC" case - Solid Waste Agency of Northern Cook County). DWQ staff have reviewed this Guidance and discussed it with US Army Corps of Engineers staff in NC and conclude that as long as the EMC's isolated wetland and isolated waters rules remain in effect (15A NCAC 2H .1300), then the Guidance will have no practical effect in NC. Also on December 31, 2002 the NC Court of Appeals ruled unanimously that the EMC has statutory authority to regulate wetlands since wetlands are included in the existing definition of waters of the state. The Court of Appeals also ruled unanimously that the 401 Water Quality Certification rules (15A NCAC 2H.0500) were properly adopted and do not have to be re- noticed and approved by the EMC. If Commission members should have any questions, DWQ staff will be available to address these issues. Closing Comments Chairman Peterson Page 3 i t? • I' . Rosewoix7 FLO ?. ? GM sboro f ?? ' 0e tl ht ? 94?1'X ?1? tROh, Id _ •A request has been received for the Water Quality Committee to grant a variance from the Neuse River riparian area protection rule (15A NCAC 2B .0233) for the HWB, Inc. "Rosewood Industrial Park" project. -The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. -The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing to pipe and fill approximately 570 feet of an unnamed modified stream within the Little River (WS-IV NSW) watershed. •The subject stream begins west of Hwy 581 drains through the property and across Hwy 70. (show flow direction) *Approximately 0.96 acres of associated protected riparian buffers will be impacted by the proposed project. 1 -The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as "HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway-related businesses allowed under the existing zoning. -This is an aerial photo showing: -the existing development on the property (buildings, parking, storage areas);& -the modified stream that is proposed to be piped t ? ` d r 4 2 i r ?r t ;Here is a view of the modified stream that is proposed to be piped from Hwy 581 looking downstream towards the project area. The stream if flowing away from you. ;Note the small fringe of woody vegetation, grass and adjacent buildings. 3 19A-UM LOOKING li ' UPSTREAM , TOWARDS THE PROJECT AREA t '2 PROPOSED DEVELOPMENT a? GAS STATION a: OR PMC _ 100' E '?? FAST z 1 ; r FOOD = a il STORMWATER l p k WETLAND *As stated previously the applicant is proposing to pipe and fill approximately 570 feet of modified stream (located here) and remove 0.96 acres of vegetated buffers. •A gas station and fast food restaurant are proposed for the site.. *The applicant has proposed stormwater controls in the form of a constructed wetland that will treat stormwater run-off from the entire project area and 0.41 acres of offsite impervious surface. -The applicant will also have to make a payment into the Wetlands Restoration Program to meet the nitrogen load removal standards required under the Neuse River Basinwide Stormwater Requirements. 6 EXISTING CONDITIONS a2, -IIAPACTS - n jo o i ee m. .c) n. (ou A<.? i gs GRAPHIC SALE Z S W3 +'+ FLOW r r ? r iYy e ® y : s a -The project area and along the modified stream currently consists of over 60% of impervious surface (buildings and parking areas). *The stormwater runoff from these areas is currently not being treated. • Only a small fringe of woody vegetation (shown here in green) exists along the modified stream. -The remainder of the 50-foot buffer consists of grass (shown here in blue and pink) and impervious surfaces (buildings and gravel parking lots). -The grassed areas are highly compacted and allow for very little infiltration and treatment of stormwater runoff. -This is a photo of a portion of the mitigation area. (Point out the location of the stream.) This area represents the majority of the area proposed for mitigation. The restored buffer will treat stormwater runoffcurrently has little to no treatment. I l The Division staff believe that the following conditions should be added to the variance if approved. •A buffer restoration plan pursuant to 15A NCAC 02B .0242 that includes the restoration areas proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream or buffers. *A stormwater management plan including the constructed wetland proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream and buffers. -The applicant shall receive any required 401 Water Quality Certifications prior to impacting the stream. The Division Staff believe that the project will result in improved water quality and recommend the approval of this variance request with these conditions. r f i j j i 1 8 MITIGATION , r Bu1TEF NinONnON 1 ? ? Omxe tour unnrn *The applicant is proposing to restore 2.45 acres of buffers along adjacent modified streams and tributary ditches (located here) to mitigate for the 0.96 acres impacted buffers. L.,)I,c 7 O? 11 AT Ot ?RQG O 'C Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens - Division of Water Quality Consideration of a Request for a Major Variance from the Neuse River Riparian Area Protection Rule HWB, Inc. "Rosewood Industrial Park", Goldsboro, Wayne County, NC February 12, 2003 A request has been received for the Water Quality Committee to grant a variance from the Neuse River riparian area protection rule (15A NCAC 26 .0233) for the HWB, Inc. "Rosewood Industrial Park" project. The project is located south of the intersection of Hwy 70 and 581, west of Goldsboro. The applicant, HBW, Inc. (Mr. David Weil, vice president), is proposing to pipe and fill approximately 570 feet of an unnamed modified stream within the Little River (WS-IV NSW) watershed. The subject stream begins west of Hwy 581 drains through the property and across Hwy 70. Approximately 0.96 acres of associated protected riparian buffers will be impacted by the proposed project. The project area and along the modified stream currently consists of over 60% of impervious surface (buildings and parking areas). The stormwater runoff from these areas is currently not being treated. Only a small fringe of woody vegetation exists along the modified stream. The remainder of the 50-foot buffer consists of grass and impervious surfaces. The grassed areas are highly compacted and allow for very little infiltration and treatment of stormwater runoff. The site was currently developed as a commercial facility in the early 1970's and is currently zoned by Wayne County as "HI" (Heavy Industry). The applicant is proposing to redevelop the site to include highway-related businesses allowed under the existing zoning. The applicant has proposed stormwater controls in the form of a constructed wetland that will treat stormwater run-off from the entire project area and 0.41 acres of offsite impervious surface. The applicant will restore 2.45 acres of buffers North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 along adjacent modified streams and tributary ditches to mitigate for the 0.96 acres impacted buffers. Finally, the applicant will make a payment into the Wetlands Restoration Program to meet the nitrogen load removal standards required under the Neuse River Basinwide Stormwater Requirements. Recommendations and Preliminary Findings: 1. The Division Staff believe that the applicant's request has met all of the requirements ((identified within 15A NCAC 2B .0233(9)(a)] for granting a variance. 2. The Division staff believe that the applicants are proposing sufficient nitrogen removing stormwater controls to compensate for the loss of the nutrient removal functions of the impacted buffers. 3. The Division staff believe that the applicants are proposing sufficient buffer mitigation to compensate for the loss of the riparian buffer. 4. The applicants are also proposing a payment into the Wetlands Restoration Program for nitrogen off-set payments required under the Neuse River Basinwide Stormwater Requirements (15A NCAC 2B .0235). 5. Additional Conditions - The Division staff believe that the following conditions should be added to the variance if approved. a) A buffer restoration plan pursuant to 15A NCAC 02B .0242 that includes the restoration areas proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream or buffers. b) A stormwater management plan including the constructed wetland proposed within the applicant's request shall be approved by the DWQ prior to impacting the stream and buffers. c) The applicant shall receive any required 401 Water Quality Certifications prior to impacting the stream. The Division Staff believe that the project will result in improved water quality and recommend the approval of this variance request with the conditions listed above. Cn ft^ N It ?D n -d N C C) C_ O .. U rx ,? ? o ?z o ? o °' Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com boy a ?n??oSc?l is r TtUS ?m' µi14VJAIV IiNey VJi?? Y? td 58I be qm k 1 mt YUKr ?y Cre?f? viae, w l?1 wol? t ?+ me kmaw adIusha a site Par?icular s(tdts. WMF ?tl?s kaw save as tire6(. If f k?t 0 JIX? - YW-4 -$Y IYMk PWY- Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-'5820 n Wl Y4 2 % 0 D 1 Mile f 5000 4000 3000 2000 1000 0 5000 Feet Z W Scale • 1 :20000 O?O? W A T ?RpwaY: -I 0 5(1::? 111? January 28, 2003 DWQ Project No. 03-0065 Wayne County HWB, Inc. Attn: Mr. David Weil, Vice President 106 E. Walnut Street FIL E Copy Goldsboro, NC 27533 RE: Tar-Pamlico Buffer Rules (15A NCAC.0259) Major Variance Request "Rosewood Industrial Park" Redevelopment Project, Hwy 70, Goldsboro, NC Little River [03-04-06, 27-57-(20.2), WS-IV NSW] Dear Mr. Weil: On January 22, 2003, the NC Division of Water Quality received your request for a variance from the Tar-Pamlico Buffer rules (15A NCAC 213 .0259) for the subject property. This request is on the February 12, 2003 agenda of the Water Quality Committee of the N.C. Environmental Management Commission (EMC) starting at 12 noon. The meeting is located in the Ground Floor Hearing Room of the Archdale Building, downtown Raleigh, NC. I strongly suggest that you and your consultants be available at the meeting to answer any technical or background questions that the Committee members may have. More information on the EMC can be obtained from the following web site; http://h2o.enr.state.nc.us/admin/emc/. Please call me or have your consultants call me the day prior to the meeting at 919-733-9726 to confirm your attendance and to allow me to advise you of any potential changes. Please call if you have any questions or would like to discuss this matter. Sincerely, Bob Zarzecki, ESIII Wetlands/401 Unit, DWQ Cc: Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 DWQ Washington Regional Office File Copy Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Division of Water Quality 401 Wetlands Certification Unit, 1621 Mail Service Center, Raleigh, NC 27699-1621 919-733-1786 (phone) 919-733-9959 (fax) • Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com WETLANDS/ 401 GROUP UPI March 3, 2003 MAR 0 1 2003 DENR-DWQ USACEVAJR QIALITY SECTION Wetland Group Attn: Mr. William ld ecom Attn: Bob Zarzecki 107 Union Drive, Suite 202 2321 Crabtree Blvd., Suite 205 Washington, NC 27889 Raleigh, NC 27604 401 ISSUED Dear Mr. Zarzecki and Mr. Biddlecomb: The purpose of this correspondence is to request a Nationwide Permit 18 and associated 401 Water Quality Certification on behalf of HWB Inc., Mr. David Weil, president. In August of 2002 I met on-site with Bob Zarzecki of DWQ to evaluate the area and have met and/or discussed the project with him a number of times since then. Prior to that Mr. Bill Biddlecomb of the USACE visited the site. A tear sheet was issued by Mr. Biddlecomb and I discussed the project with him by phone. I realize that Mr. Biddlecomb no longer handles Wayne County, but based on past involvement felt this should go to him initially prior to passing it along to Scott Jones. The project is located due south of the intersection of Hwy 70 and Hwy 581 in Wayne County, just east of Goldsboro, NC (see Figure 1). The site is currently developed and contains numerous metal buildings and impervious parking areas. Figure 2 is an aerial photo of the entire property owned by HWB Inc. and specifies the area where the proposed buffer and stream impact would occur and the proposed on-site buffer mitigation areas. Also enclosed is a photo of the "ditch" and adjacent buffer area that is proposed to be impacted. The photo shows views from Hwy 70 (Photo 1). As you can see there is very little forest vegetation adjacent to the feature. Figure 3 indicates the existing woody vegetation, grass, and existing impervious area adjacent to the ditch and also has a breakdown of buffer and stream impacts. Even though the vast majority of buffer impacts (0.76 acres out of 0.96 acres) are to grass areas the client proposed to mitigate on-site at the required 3:1 ratio for Zone 1 impacts and 1:5 for Zone 2 impacts by restoring forest vegetation to areas currently occupied by either grass or gravel parking areas (see Figure 4). While we concur that the proposed feature to be impacted "scores" high enough to be classified as a stream by current DWQ and Corps criteria, we would like to point out the soils present on-site adjacent to the ditch according to the soils survey are the Craven soils series. Such soils are described by NRCS as moderately well drained upland soils on rounded sides of divides. Therefore, it is unlikely that a natural stream Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Hickory Office: 622 Coon Mountain Lane Taylorsville, NC 28681 Phone (828) 635-5820 Fax: (828) 635-5820 existed in the area. Rather the channel was probably dug historically to drain the poorly drained Rains soils that are present west of Hwy 581. Figure 5 shows the proposed redevelopment plan for the site, which indicates an approximate location of a Stormwater wetland for treatment of Stormwater generated at the proposed redeveloped area. Currently there are no redevelopment plans for the remainder of the site. However, since the site lies within Wayne County's jurisdiction, if the balance of the area were redeveloped, compliance with the Neuse River Nutrient Removal Standards will be required. A preliminary Stormwater management plan for the site by S&EC dated 12/20/2002 and the required Extended Wetland Worksheet were previously submitted to DWQ. The following list demonstrates the justification for permitting: Practical difficulties, hardships and uniqueness- Much of the site contains existing impervious surface (1.84 acres out of 2.99 acres) that currently requires no treatment of its Stormwater. 2. Even the grassed areas adjacent to the ditch are compacted and allow very little infiltration (behaves like impervious). 3. The ditch bisects the property making major highway road frontage required for such a redevelopment as proposed impossible. 4. The area of the site is zoned "HI" Heavy Industry by Wayne County, the proposed redevelopment is allowed by this zoning. 5. The site was originally developed in the very early 1970's. Water Quality will be better protected if the permit is issued because none of the following will occur if the permit is not issued. 1. DWQ typically requires treatment of Stormwater only for new impervious surface on a site. The proposed plan will treat the entire 2.99 acres on-site and .41 acres of offsite impervious surface. Currently 1.84 acres on-site and .41 acres offsite is untreated. 2. The existing ditches on-site have very little to no woody buffer adjacent to them. If approved 2.45 acres of woody buffer will be restored along the ditches as shown in Figure 2 and Figure 4. These buffers will treat run off from existing impervious surface as well as preserve them into the future. Since there is existing impervious surface adjacent to these ditches the owner is not only restoring a buffer but also giving up the right to continue to use the areas for parking, storage, and driveways. 3. Even after doing all of the above the client will still have to pay into the WRP to meet the nitrogen load removal standards required under the Neuse River Basin-Nutrient Sensitive Waters Management Strategy: Basinwide Stormwater Requirements. Based on preliminary evaluation this could be up to a $9200.00 offset payment. Based on my phone call with Mr. Biddlecomb, he stated that no stream mitigation would be required by the Corps. The Neuse Buffer variance issued by the NC-EMC determined the proposed Stormwater wetland and buffer restoration to be adequate with no additional stream mitigation required. Please call if you have questions or need further information in order to issue the Nationwide Permit and associated 401 Water Quality Certification. Sincerely, Kevin Martin, President 08/26/2002 11:54 9198469467 S&EC rHVG Vc Address: en r ? www,SandEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner oil & Environmental Consultants, PA 10 ID R d e Road - Releigh North Caroline 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 Po 3 ox voL3 C-sb?sbcR-o I NC 1-1<53 Phone: 5 l 9 -13 q- -1 I l l Ca41 7,3 Project Name/ Description: 70 Date: k c, TtD t yO O'7. The Department of the Army U.S. Array Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 11 Qo % Attn: I ` A d'ol e Lp W? Field Office: ?U o. i v. o??A I?f L Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current 12ropaU owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request sup lemental information in support of applications, etc. from this day forward. The 7-(Pftd-. - day of s?.s?S? -voov. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. i I 1 ? V??? W 6-1 L `^ ? Print Property Owner's Name Property Owner's Signature cc: Mr. John Dorney cc: Mr, Kevin Martin NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 blank agent auth form. doc ChUL411s O ice: Greensboro Office: Hick= office; 236 L.ePbiilip Court. Suite C 3817-E L.awndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsvilie, NC 28681. Phone (704) 720.9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax; (704) 720-9406 Fax. (336) 540-8235 Fax: (828) 635-5820 Name: H W S 1_ k e- U.S. ARMY CORPS OF ENGINEERS Wilmington District n Action ID: County: YlL HY. . /U Notification of,hirisdictional Determination Property owner/Authorized Agent v . Address ?. o 3 -2 06 is '2 -7 5.3 Telephone Number- 2 31 Size and Location of Property (waterbody, I liglM l\ Mamie nUntber, town, etc.) 0?7 s,61 a,2 Indicate which ofthe ,'ollowing apply: ?f•????y ?' i?,e L•44e ? /. • There are etlands on the above described property whirl we strongly suggest/should he delineated nd surveyed. Tic sur\eNcd \?ctl-nd lilies must )e verified by our stain before the Corps will iakc a final jur Sdictional dctcrn nation 011 your )rope rty. f • Because of the s' e of your property ar our present worklc td, our ide tificatio and define ion of your wetlan s cannot be accom ished in a timely fanner. You' may ish to em oy a consultant to o tain a more timely d lineation of the e ands. Once your co sultant h flagged a wetland lin on the property. C• )rp, ,tatf will reyi w it. and if it'is curate, w strongly recommend t at you hayc the I'll sur\e?ed fur final pproyal by the Co . The Corps will riot un our prop rty \\ ititout an approved survey. make a final urisdictiunttl deters n;it on .\ O The wetlands on your lot hayc hcen Liclrneated, and the limits of Corps jurisdiction have been explained to you. I:mess there r, a -hang: in the la%? or our published regulations, this deten-nination may be relied upon for a pk•riud not to exceed 4tree-years from the date of this notification. ? se,< /_,%? &((U .6 Cp.,, e) • There arc n > wetlands present )n the ahoyc do cribed property w ich are subje- to the nrrit requiremet s of Section 404 o the Ck-lin \\ at r Act r I'SC' 13 4). (jnless t e is a c nge in the law or our published -eg lotion,. this sic •rntination nta? b elied upon Or it period not to exceed th ec years front the d to of this notiti •ation. ' • The proj ct is orated in one ( the 'U (irli l aunties/ts u should,'COn et the neStine Office of Coa al Managto dcterutin ir MILIlrentc Pl acement of dredged or fill material in %\ctlands on thi" property without a Department of the Army permit is in most cases a violation ol• Section 01 ul'the ( le;ut \\ titer Act t 3 ; USC 1311), A permit is not required for work on the property restricted cntircl\ to c??,tnlL hlgh ground. If \ou have any questions regarding the Corps of Engineers regulatory program, please contact Property owner/Authorized A?_,cnt St gnatUrc Project Manager Signature_ Date 1•sp1ratiort Date SURVEY PLAT OR FIELD SKI•:" VII O1• DESCR1BVI) 111MI'1?RTY AND THE WETLAND DELINEATION FORM NIVS 131'A T \( 111-.1) V O l (II: (FILE) COPY OF THIS FOWN1. ISx'r AW 92 Fornt 566 i C 0-C -?,< C/-e? c , ? ??( (n.• G S of ?GS ?"C ? -•?5 c-, ?t.s.f al?,? i P•vJ4f a?et I ;. Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to tbis project, please enter ivot Hppncaoie or IN f+ .) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. David Weil Mailing Address: HWB Inc. 106 E. Walnut Street Goldsboro NC 27533 Telephone Number: 919-734-1111 Fax Number: 919-734-0877 E-mail Address: dweil"a weilent corn 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Kevin Martin Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: kmartin?a sandec com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Rosewood Industrial Park 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) 4. Location County: Wayne Nearest Town: Goldsboro Subdivision name (include phase/lot number): Rosewood Industrial Park Directions to site (include road numbers, landmarks, etc.): Site is adjacent to and due south of the intersection of Hwy 70 and 581. West of Goldsboro (see Figure 1). 5. Site coordinates, if available (UTM or Lat/Long): Lat: 35° 25' 30' Long: 78° 03' 55" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 3.4 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of the Little 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing site is developed containing buildings _ and parking areas Adjacent property is commercial to the north residential to the west and agricultural to the south and east (see Figure 2). Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Project will be redeveloped into a Gas Station/Convenience Store and Fast Food Restaurant using typical construction equipment 11. Explain the purpose of the proposed work: Allow use of Hwy 70 frontage for redevelopment of commercial property. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The USACE visited the site and issued a,JD tear sheet on 6/20/01 (copy attached from William Biddlecomb) ID #200110877. The EMC issued a major variance to the Neuse Buffer rules for the project during their February 2003 meeting of the Water Quality Committee. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None likely since remaining jurisdictional areas are being preserved and/or restored as part of the buffer variance May need to maintain or widen 2 existing road crossings at the most. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, pennanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be Page 7 of 13 included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Fill/Piping of 570' of modified (channelized) stream (see Figure 3) 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nn, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at ham://ww•%v.fema.goy. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Unknown confined to channels. Total area of wetland impact proposed: 570 linear feet (<O.1 acre) 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? ( leases ecify) 1 Fill/Pipe 570 UT Little River 7.5' or less Perennial unimportant * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 8 of 13 ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.ust s.. ,ov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww•w.topozone.coin, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 570' 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) (if Name of Water applicable) body Type of Waterbody (lake, pand estuary, pound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.):__ Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide infonnation related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. See attached S&EC letter. Page 9 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm?,,7ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Client will restore 2.45 acres of riparian buffer on-site and will construct Stormwater control (a wetland) for the redevelopment area and runoff from Hwy 58 and Hwy 70. No additional mitigation is to be required by DWQ. The USACE (Mr. Biddlecomb advised Kevin Martin that no mitigation would be required by the USACE for the impact. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 13 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page I 1 of 13 Zone* Impact (square feet) Multiplier Required Mitigation l 27495 3 82485 2 14344 1.5 21516 Total 41839 104001 (2.39ac) * Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone t extenos an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. On-site restoration - see Figure 4 (2.45 acres) XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. A conceptual Stormwater plan was submitted to DWO previously as part of the buffer variance. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 12 of 13 work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ?,- C_ &&I, a ( Applicant/ 'gent' Signature Date (Agent's signature i only if an authorization letter from the applicant is provided.) 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